Case law

IN RE: STATE QUESTION No. 807, INITIATIVE PETITION No. 423

468 P.3d 383 · Supreme Court of Oklahoma · Jun 23, 2020

The burden is on a protestant to demonstrate that a proposed initiative is clearly and manifestly unconstitutional on its face. … This clearly presents an obstacle to the accomplishment and execution of the full purposes and objectives of Congress and is preempted. ¶4 The majority leans on this notion that state law immunity would not frustrate the

Sanford v. Howard

185 Okla. 660 · Supreme Court of Oklahoma · Sep 26, 1939

The Subject Classified. — The occasion upon which privileged communications are made may be classified as those absolutely privileged and those in which the privilege is qualified.” “Sec. 506. First. … This rule is, however, confined to cases in which the public service or the administration of justice requires complete immunity — for example, words spoken in legislative bodies, in debates, etc.; in reports of military

VASQUEZ v. DILLARD'S, INC.

2016 OK 89 · Supreme Court of Oklahoma · Sep 13, 2016

employers may continue to provide coverage for workplace injuries under the traditional no-fault workers' compensation system, now governed by the Administrative Workers' Compensation Act (AWCA). 18 Employers are provided immunity … [t]he rights and obligations of a qualified employer and its employees shall be subject to the exclusive remedy provisions of Section 5 of [the AWCA] . . . ." 58 The Legislature has clearly expressed its intent to not allow

City of Guthrie v. Wylie

6 Okla. 61 · Supreme Court of Oklahoma · Sep 4, 1896

That they went through the forms of electing and qualifying a mayor, council, clerk, treasurer and other officers common to a city government. … It is unnecessary for us to elaborate this proposition, as it has already been clearly and definitely determined by this court (Losey v. City of Guthrie, 1 Okla. 188 ; Blackburn v.

Aircraft Equipment Co. v. Kiowa Tribe of Oklahoma

67 O.B.A.J. 2302 · Supreme Court of Oklahoma · Jul 16, 1996

The New Mexico Court of Appeals quoted four paragraphs from the Tenth Circuit opinion, concluding that the Tenth Circuit clearly stated that the location of the commercial activity was not determinative and that the federal … It is regrettable that this Court chips away at the long established sovereignty of the tribes. Absent an express waiver I would recognize their traditional sovereign immunity as in place to bar this suit.

Matter of NL

754 P.2d 863 · Supreme Court of Oklahoma · Apr 19, 1988

The Indian child's tribe may establish a different order of preference by resolution. 25 U.S.C. § 1915 (c). … She contends that the State failed to establish good cause for refusing to transfer this proceeding to her tribal court.

Lane v. State Board for Registration of Professional Engineers

468 P.2d 784 · Supreme Court of Oklahoma · Mar 10, 1970

The plaintiff relies, in part, upon Section 442 (Section 13 of the 1935 act), which provided that: “Unless disqualifying evidence exists, the following facts established in the application, upon verification by the Board, … determine whether experience claimed by an applicant for registration is sufficient to entitle him to registration,” and that the Board, in that case, passed upon the plaintiff’s application and found it to be insufficient to establish

Martin v. McGarr

27 Okla. 653 · Supreme Court of Oklahoma · Sep 13, 1910

This section of the statute clearly contemplates that it should be pursued, to the end that the election may not fail. … We are clearly of the opinion that they cannot be.

Kirschner v. McCracken

180 Okla. 223 · Supreme Court of Oklahoma · Mar 23, 1937

Plaintiffs urge that the power given the commission to suspend the licensee’s business pending hearing for cancellation clearly deprives the licensee of his property without due process of law in that his business may be … mere privilege, and neither a contract nor a property or vested right, a statute or ordinance authorizing or providing for its revocation does not violate constitutional provisions, as depriving the licensee of property, immunity

Sheldon v. Green

182 Okla. 208 · Supreme Court of Oklahoma · Mar 8, 1938

Under all of the discussions of that subject which we have been able to find, it clearly appears to us that he was a de facto judge. In Layne v. State, 23 Okla. … To establish that he was not qualified to hold the office required the production of evidence that he had not practiced law for the period of time required by the Constitution.

TORRES v. SEABOARD FOODS, LLC

2016 OK 20 · Supreme Court of Oklahoma · Mar 1, 2016

Employer expands upon this latter principle and argues that the Legislature has the power to determine what type of injury "qualifies as [a] compensable injury . . . … project, but this immunity shall not extend to the negligent preparation of design plans and specifications.

Garman v. Myers

183 Okla. 141 · Supreme Court of Oklahoma · Jun 14, 1938

The board passed upon plaintiff’s application and found it to be insufficient to establish eight years of professional engineering experience under the definition of the statute. … There was a controversy as to plaintiff’s experience, and whether same was sufficient to qualify him for registration.

Medina v. State

64 O.B.A.J. 2872 · Supreme Court of Oklahoma · Sep 28, 1993

And, the obvious purpose and intent of subsection 23 is to provide immunity in addition to the immunity provided in subsections 4 and 5. … The plaintiff contends that the entries establish a known risk of suicide, while defendants argue that the entries merely demonstrate attention-getting behavior.

State Ex Rel. Oklahoma Tax Commission v. Mourer

596 P.2d 882 · Supreme Court of Oklahoma · Jun 19, 1979

The case at bar is clearly of a type contemplated by the statute. In State v. … Neither appointee became qualified to hold the office in all respects so as to be a de jure officer until March 6, 1979.

Matter of Estate of Flowers

848 P.2d 1146 · Supreme Court of Oklahoma · Mar 16, 1993

The determination of legislative intent controls judicial statutory interpretation. [16] However, it is unnecessary to apply rules of construction to discern Legislative intent if the will is clearly expressed. [17] Pursuant … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

McVickers v. Zerger

389 P.2d 977 · Supreme Court of Oklahoma · Feb 25, 1964

limited tax general obligation bonds to secure and develop industry; and that the said cities cannot proceed pursuant to the provisions of the Local Industrial Development law or Public Trust Act, which provides for the establishment … A reading of the same shows clearly that it needs no act of the Legislature in order to know how to proceed under it. We have spoken clearly on a similar question in City of Shawnee v. Williamson, Okl., 338 P.2d 355 .

Arie v. State

23 Okla. 166 · Supreme Court of Oklahoma · Feb 2, 1909

same shall provide by, ordinance for submitting said Constitution to the people of said proposed state for its ratification or rejection at an election to be held at a time fixed in said ordinance, at which election, the qualified … The weight of authority is overwhelming that no immunity, by-virtue of any constitutional provision, either federal or state, exists so as to prevent the state Legislatures from regulating, and even prohibiting, the traffic

Henry v. Bartlesville Gas & Oil Co.

33 Okla. 473 · Supreme Court of Oklahoma · Sep 11, 1912

That on April 25, 1911, the board of commissioners of said city passed another ordinance (No. 418), which was submitted to the qualified electors of the city, and was approved by them at a special election held for that purpose … In affirming the judgment, the Superior Court held that the grant of the powers, privileges, and immunities conferred by the resolution was the grant of a franchise, and, the municipal corporation being incompetent to make

AMERICAN AIRLINES, INC. v. STATE ex rel. OKLAHOMA TAX COMMISSION

341 P.3d 56 · Supreme Court of Oklahoma · Nov 18, 2014

To maintain this certification, AA is required to follow FAA regulations and guidelines established by original equipment manufacturers. … as a qualified aircraft maintenance facility.

Lusk v. Eminhiser, County Treasurer

53 Okla. 785 · Supreme Court of Oklahoma · Jun 6, 1916

The precise point presented is that, inasmuch as no direct reference is made to the subject of taxation, or, limitations of levy, in the title to the act, the general purpose of this provision is not clearly expressed in … The act requires all or some part of such an expenditure each year as the township’s contribution toward carrying out the policy of the state in the matter of establishing a uniform system *792 of good roads.